Mon, 8/24/09
P. 40
Handout #1: first cousins married in MD and want it recognized in Pa. Lex Loci celebrans says it’s the law of the place where marriage that was celebrated that governs. But in some cases there are exceptions. First question is whether there are differences in law. Then, was it valid there? Where they trying to evade a law by marrying elsewhere? NCCUSAL used to have a uniform marriage law evasion act. But conflicts with full faith and credit. CUDDLE is cousin marriage advocacy group. Einstein married his first cousin.
Handout #2: secretary at sheriff’s dept is told that she has to move out, or marry her bf with whom she lives, or else she will be fired, because it’s illegal under NC law. Should the law force you to marry if you want the legal rights and responsibilities that go with it.
History of family law/Marriage
· Roman law gives good background but will not be on the final exam.
· But good examples of
o Who can get married
o How can you get out of the marriage
o Who can perform the marriage
o How rapidly the law can change.
MARVIN V. MARVIN, SUP. CT. CAL. (1976) – “PALIMONY” CASE
FACTS
Husband/wife allegedly agreed orally to live together, pool assets, hold themselves out as married, and wife would render services such as cooking, cleaning, companionship. Wife gave up “lucrative career as singer/actress” in exchange for husbands promise of financial support for rest of life. Then husband kicked wife out, and supported her for a year, but then stopped. Wife asks court to determine her contractual rights and set up constructive trust into which half of husband income goes. Lower ct ruled in favor of husband, saying it’s akin to contract for sex; wife appeals.
ISSUES
Whether sexual relationship being involved with the marital relationship invalidates any contract related thereto. Did not allege they were married, nor “putative spouse” (someone who enters into what they think is valid marriage with some unseen impediment) not did she allege CL marriage, because abolished in Ca. Hundred years ago.
HOLDING
Family law act doesn’t govern division of marital property; that is up to the court. Court should respect contracts between martial parties, except to the extent founded on sex (i.e. as consideration, not just contemplated). In the absence of k, court should inquire into conduct for implied contract, and may employ quantum meruit, equitable remedies, etc. as facts warrant. Contract is “severable” from the sexual element, even if it is part of it. K between unmarried cohabitants will be enforced in Ca. except to the extent that it is explicitly for sex.
· Subsequent cases have held parties must share a household for this sort of relief. e.g. claims for “palimony” or support after the end of a cohabitation less likely to succeed than other types of relationships more similar to marriage.
MORONE V. MORONE, CT. APP. NY. (1980)
FACTS
Man and woman live together for 23 years and have 2 kids together. They orally agreed she would do domestic services and he would compensate her for them economically based on his earning capacity, “do right by her”. She seeks $250,000.
ISSUES
Whether a contract as to earnings/assets may be implied in fact based on relationship of an unmarried couple, and whether express contracts of such a couple on those subjects is enforceable.
HODLING
Palimony cannot be implied in fact based on non-marital relationship, but express contracts may be enforceable.
Knouer v. knouer is the Pa. case on this for bar exam. Law not clear on this. Seems to follow Marvin.
· Ali principles recognize this in lengthy section
· Define domestic partners as opposite sex who share primary resident as couple for significant amount of time. (but significant time not defined!).
CHAPTER 1: MARITAL AND COHABITATIONAL AGREEMENTS
FLETCHER V. FLETCHER. Sup. Ct. Oh. (1994)
FACTS
Prenupt executed on eve of wedding. Divorced 8 yrs later and she says then says prenupt was coerced.
ISSUES
What is the standard for when a prenupt is appropriately executed?
HOLDING
Where a prenupt is “wholly disproportionate” the party trying to enforce it bears the burden of proving that there was full disclosure and knowledge”. Can’t be by fraud , duress, coercion or overreaching, which has been defined as outwitting or cheating the other. While these are contracts and the law of contracts applies, these are special contracts with special requirements. Must have reasonable opportunity to consult with counsel, so 11th hr prenupts wont cut it. Presentation on day before means presumption of coercion and overreaching, if embarrassment of postponing the wedding is great. But, no mirandizing necessary. DISSENT says, you limit this to cases where distribution is disproportionate, but that is the very purpose of a prenuptial. K was invalid for lots of other reasons. Also, the distinction between big and small weddings is “astonishing”.
SIMEONE V. SIMEONE, Pa., (1990)
FACTS
Nurse marries neurosurgeon, signs prenupt. Sues for alimony Pendent Lite (APL), which was disclaimed in prenupt
ISSUES
What’s the standard in Pa. ?
HOLDING
absent fraud, duress, etc., will be upheld either if reasonable provision for the spouse or full and fair disclosure. Further, if contract says that there has been full disclosure, presumption is that there was.
· See uniform prenuptial agreement act on pg. 29.
· FOR FINAL: MOST IMPORTANT UNIFORM LAWS ARE THE UMDA, UPAA, UIFSA, UCCJEA (See nccusl.org)
· In cases where the husband successfully executes prenupt, they are in
Handout #3: Used to be a per se rule that in the even of engagement ending, ring must be returned. Pa reviews. Parties agree it’s a conditional gift. She says that accepting the proposal is the condition, rather than completing marriage ceremony. She
s valid if valid in law of state with “most significant relationship” to the parties.
· Marriage by estoppel nt 6, pg. 98: where one party knows there is impediment and doesn’t reveal to other party, cant use that against them in subsequent divorce e.g.
RENSHAW V. HECKLER
FACTS
Couple decided to hold themselves out as husband and wife without ever getting married. She changes her name, and they filed joint taxes. They told everyone they were husband and wife. When husband dies, she want spousal support under social security. The only state they were in that recognizes common law marriage is Pa., but they only traveled through Pa, spending maybe 16 days there in their 21 day marriage. Lower court says no marriage created, because in pa, must be utterance showing present intent to be married. Conduct showing cohabitation etc may also satisfy.
ISSUES
Whether common law marriage created by brief stays in Pa.
HOLDING
Yes. The fact that they held themselves out as married to everyone (including a few people in Pa) and made reservations as husband and wife at the motel in Pa. are equivalent of utterance showing present intent to be married.
· This depends on state traveled through and also law of forum state and choice of law of forum state.
· Staudenmayer case: widdling away at common law marriage
· Pa legislature now says common law marriage is abolished for any common law marriage established after Jan. 1 2005
CHANDLER V. CENTRAL OIL CORP., Kan, (1993)
FACTS
Guy marries Mary when still married to Eliza. Both entered into by woman in good faith.
ISSUES
Who workers comp goes to?
HOLDING
Presumption is that previous marriage continues. Also presumption in favor of marriage. Finally presumption that when these conflict, presumption of validity of subsequent marriage. Must be good reason why successive marriage is invalid. When divorced first wife, impediment with second wife is removed, but when is that marriage valid from
In pa some marriages are so whack that they are void as if never entered into. Others are voidable. Bigamous marriage is void, but one of the fault grounds for divorce is that you innocently entered into marriage with someone who was already married. This is completely inconsistent! How can there be grounds for divorce that was never validly entered into in the
